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THOM v. STATE HIGHWAY COMR.

Calendar No. 12, Docket No. 50,510.

376 Mich. 608 (1965)

138 N.W.2d 322

THOM v. STATE HIGHWAY COMMISSIONER.

Supreme Court of Michigan.

Decided December 7, 1965.

Attorney(s) appearing for the Case

Atkins & Drillock, for plaintiffs.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Louis J. Caruso and Gay S. Hardy, Assistant Attorneys General, for defendants.

SOURIS, J.

The organic laws of the State of Michigan always have provided that private property may not be taken for public use without due process of law and compensation.1 One crucial question involved in the implementation of such organic provisions has been, when is property actually "taken". This Court has been committed to a liberal interpretation of "taking", as indicated by this passage from Pearsall v. Eaton County Board...

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